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Home My WebLink About2001 - Road Maintenance Agreement and No Build Covenant - Northwest Development of Seattle Inc / Anderson Troy - 20010406000073Filed for record at request of: City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Grantors: Northwest Development of Seattle, Inc., and Troy a -t/M Anderson Grantees: City of Tukwila, Northwest Development of Seattle, Inc., and Troy ate 4,/4 Anderson Abbreviated Legal Descriptions: Wly 25 ft ofL 5, B 1, Adams Home Tr. 2nd Addn.. Assessor's Property Tax Numbers: 004200 -0030; 004200 -0031; 004200 -0032; 004200 -0033 herein. KING COUNTY RECORDS 2001 APR -5 P 3 33 20010406000073 TUKUIL CITY 0 AG 13.00 PAGE 000 1 OF 006 04/06/2001 08:54 KING COUNTY, WA ROAD MAINTENANCE AGREEMENT AND NO BUILD COVENANT This agreement is made in consideration of the mutual grants and promises expressed This agreement concerns the following real property located in King County, Washington: Lots 1, 2, 3 and 4, City of Tukwila Short Plat number L92 -0061, recorded in King County, Washington on June 28, 1993, under recording number 9306282071. Except as modified below, each property which this agreement concerns shall have one share in the rights and obligations arising under this agreement, which shall be designated the Pro Rata Share. The total number of Pro Rata Shares shall equal the number of lots which this agreement concerns. H. Easement: The Westerly 25 feet of Lot 5, Block 1, Adams Home Tracts 2nd Addition, according to the Plat recorded in Volume 12 of Plats, Page 90, in the City of Tukwila, King County, Washington. Also described as the unopened right -of -way in the 4200 block of S. 148th St, vacated by City of Tukwila Ordinance 1933. (Located in the Northeast quarter of Section 22, Township 23 North, Range 4 East of to Cez Road Maintenance Agreement All of the properties described in Section I to this agreement hereby agree: A. General Maintenance Costs: O (1) These costs shall include, but are not limited to, items such as filling potholes, seal coating the road is paved), and other costs necessary to preserve and maintain the O roadway in a reasonable and accessible condition so as to allow free and unobstructed '"a passage of vehicular and pedestrian traffic as may be reasonable and necessary in order that all owners may enjoy full and free use of their property accessed by this roadway. (2) All costs and expenses incurred for general maintenance shall be divided in Equal Shares, with each property paying its Pro Rata Share of the costs and expenses. (3) If at least two- thirds (2/3) of the properties subject to this Maintenance Agreement agree to incur these costs, then all the properties are financially bound to pay such costs. (4) General Maintenance shall be in compliance with any and all requirements the City of Tukwila may have for the maintenance of private roads. (5) General maintenance of the roadway shall include emergency repairs, such as clearing snow or windfalls, or other such unexpected emergencies. (6) Any individual party, or combination of parties representing less than two- thirds (2/3) of the properties may undertake such repairs or maintenance, buy shall be entitled to reimbursement only if the owners of at least two- thirds (2/3) of the properties agree to such reimbursement. for the use and benefit of the following described real estate, situated in the County of King, State of Washington, as the dominant tenement: Lots 1, 2, 3 and 4, City of Tukwila Short Plat number L92 -0061, recorded in King County, Washington on June 28, 1993, under recording number 9306282071. Any roadway now existing or to be later constructed within the easement described above shall be maintained in perpetuity, according to the Road Maintenance Agreement set forth below. B. Capital Improvements: (1) The capital improvements shall include, but are not limited to, those major expenditures involving such costs as installing sidewalks, paving or repaving the existing road, chip sealing, regrading, or enlarging the existing road. (2) All of the parties to this agreement must unanimously agree to pursue any of these capital improvements in order to obligate all properties to pay for such work. (3) All costs and expenses for capital improvements shall be divided according to the propert}rs Pro Rata Share. 2,4 C. Extraordinary use/Undue damage Costs. In the event that the actions of any party to this agreement (or anyone acting on behalf of or under the direction of or subordinate to any party) should subject the roadway to other than reasonable wear and tear, and should such roadway and/or utility system or other improvements be damaged by such use, the involved party to this agreement shall have the obligation to repair such damage upon demand by any property owner affected hereby, and to restore said damaged items to the condition existent prior to said damaging activity, and all expenses therefrom shall be borne by said party. IV. Subdivision of Lots. In the event any lot subject to this agreement is subidivided or otherwise altered so as to increase the number of lots using the road, then those additional properties shall be subject to this agreement the same as if they were identified herein. cit The total number of Pro Rata Shares shall be increased accoringly. t 0 V. Restrictions on Use: Use of the road shall be restricted as follows. 0 Lot 1 has no obligation to pay any share of maintenance, repairs or improvements as long Lot l's current use of the easement for ingress and egress does not substantially increase 0 beyond its current use. VI. Dispute Resolution r-4 A In the event of any dispute under this agreement any aggrieved party shall attempt 0 mediation before beginning litigation. No party which fails or refuses to participate in good faith in the mediation of any dispute hereunder may recover its costs or attorney's fees in any resultant litigation. B. If mediation is attempted, the amount of costs and attorney fees will be determined during mediation proceedings. The cost of mediation will be apportioned according to the agreement of the parties, but shall be divided equally in the absence of any other agreement. C. Except as provided above, the prevailing party shall be entitled to judgment for its costs and attorney's fees in any action brought under or arising from this agreement. VII. Covenants to Run With the Land All covenants and agreements created in this agreement shall run with the land and shall be binding upon all parties and their heirs, successors, and assigns who are owners of the real property previously described herein. The benefits described herein shall run with the land and be for the benefit of the respective real properties described herein. VIII. Definitions C. Party' shall include any owner of the properties affected by and bound to this agreement. 0 IX. Enforcement of Liability for Costs. CO A Any party hereto may as their own action bring suit to recover any share of maintenance, repair, replacement, or other such costs incurred pursuant to this agreement which are not paid within a reasonable time by the party responsible for payment thereof. B. Any amounts due under this agreement which are not paid within thirty (30) days after written demand shall bear an interest at twelve percent (12 per annum. A Equal Share: Equal Share is a division of costs that is equal to the total number of properties bound by the agreement, with each property responsible for one (1) share. B. Pro Rata: So long as only Lots 2 -4 are using the easement for ingress and egress, the pro rata share for each of those Lots shall be one third, and the pro rata share for Lot 1 shall be zero. Lot 1's current use of the easement for ingress and egress is exempt so long as lot 1's existing use does not substantially increase beyond its current use. C. Any amounts due under this agreement which are not paid within thirty (30) days after written demand shall constitute a lien on the property for which payment is due. X. No Build Covenant. Except for improvements necessary to use of the easement as intended, no structures or fences may be constructed within the easement. L\ WITNESS WHEREOF the parties have subscribed their signatures on the dates shown below: Mark-Nickels, President, for date Northwest Devel pment of Seattle, Inc. Troy Ande date )'c- STATE OF WASHINGTON County of King On this day personally appeared before me Mark Nickels to me known to be the President of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation_ for the uses and purposes therein mentioned. and on oath stated that (s)he was authorized to execute said instrument as the act of the corporation. GIVEN under my hand and official seal STATE OF WASHINGTON County of King GERALD E. ROBISON STATE OF WASH:NSTCi NOTARY-- P. I!Y CGiR:SSICti a;RES 5-10-C3 3 3ord (Print name of Notary aboy e.) Notan Public in and for the State of Veal k residing at My commission expires St On this day Troy Anderson to me known to be the individual described in and who executed the within and foregoing instrument, signed the same as his free and voluntary act and deed. for the uses and purposes therein mentioned. 3c GIVEN under my hand and official seal March 29. 2001. 5/6 Gerald F. Robison Notary Public in and for the State of Washington residing at Burien My commission expires May 10. 2003 x